Please note in most cases both fossicking and prospecting are covered under the same legislations / regulations.

New South Wales

A license to fossick in NSW is not required except for State Forests - You can obtain a State Forest Fossicking Permit by contacting your nearest Forestry office, the cost of the permit is $22 which covers all NSW State Forests unless otherwise stated.

A license is required to fossick QLD - You can obtain a Fossicking License either Online or by contacting your nearest District and regional office - A Queensland Fossicking License can be purchased to cover a period of 1 month, 6 months or 1 year with the cost ranging from around $7 to $45 respectively.

Thanks for the links and i remind everyone to read carefully as i was caughtout in the interpreting the rules!I guess we only read what we want to see, hence the confusion mosthave with the rules.When this couple pointed out the processing part in the NSW fossicking guide,it was hard to see i was wrong!By placing ore into a highbanker which is powered by a petrol pumpand extracting gold is processing by machine power.I don't think i could say im washing rocks so they look pretty.

By placing ore into a highbanker which is powered by a petrol pumpand extracting gold is processing by machine power.I don't think i could say im washing rocks so they look pretty.

The highbanker itself is not mechanical, only the water pump attached to it. The water pump is not processing gravel the highbanker is. All the the mechanical water pump is doing is pumping water from point a to point b, which is allowed for prospecting via the NSW water act.

I would be interest to know too Sarn. I have only been turned away from one public place before and the guy couldn't give me a reason why I wasn't allowed there, so I'm assuming he didn't want me digging up the nice grass... I am careful and always fill in my holes!

SF

Sarn wrote:

Hi guys, I have been struggling to find info about metal detecting regulations in the ACT, does anyone know where I can find this info?

For NSW a permit may also be required for TSR's (Travelling Stock Routes) that aren't designated as fossicking areas (which is most of them). A permit is easily obtained from the LHPA (Livestock Health & Pest Authority) free of charge & is a requirement of the NSW Fossicking Guidelines. Contact 1300 795 299 for your local office & enquire if permit/s are required for any TSR/s of interest. P.s the LHPA is/has undergone a name change & may now be known as Local Land Services (LLS).

I just contacted ACT Policing today and was told that (aside for having to hand in modern money and asking permission for private property) there are no restrictions on the use of metal detectors in the ACT.

I intend on printing out the response from ACT Policing and having it on me incase I am ever questioned.

By placing ore into a highbanker which is powered by a petrol pumpand extracting gold is processing by machine power.I don't think i could say im washing rocks so they look pretty.

The highbanker itself is not mechanical, only the water pump attached to it. The water pump is not processing gravel the highbanker is. All the the mechanical water pump is doing is pumping water from point a to point b, which is allowed for prospecting via the NSW water act.

By placing ore into a highbanker which is powered by a petrol pumpand extracting gold is processing by machine power.I don't think i could say im washing rocks so they look pretty.

The highbanker itself is not mechanical, only the water pump attached to it. The water pump is not processing gravel the highbanker is. All the the mechanical water pump is doing is pumping water from point a to point b, which is allowed for prospecting via the NSW water act.

apart from this being correct , under the terms of the mining regs and laws of every state seem to be the same as to when the transfer of title occurs which is when you have removed the mineral from the earth. so technically you use a spade to remove the minerals from the ground and then you own them, you use the highbanker to return unwanted minerals to the earth

if using a highbanker is illegal on the grounds it is using mechanical equipment it also means that using a bluebowl is illegal for the same reason.

Last edited by outboard (22 November 2014 12:25 pm)

If it was easy everybody would be doing it and there would be none left for you and me

So trying to expand on the use of highbanker in NSW,is ok to use the pump being a mechanised unit in conjunction with the sluice then doesn't that make the both combined then a mechanised unit as per said?I really need some clarification on this as I don't want to pay thousands of dollars in fines for twenty dollars worth of gold and have equipment confiscated as well,way too expensive on a maybe.

Gofor Gold; this appears to be one of those NSW "grey areas" that seem so prevalent in most State's regs/guidelines on prospecting and the correct answer will depend on who is interpreting the written rules/regs. The Parks Officer concerned at the plume of sediment washing down the stream is going to interpret the highbanker as a banned piece of mechanical equipment - the Parks Officer observing you discharging into a tailings dam with some form of sediment control is more likely to suggest you make sure you fill in your hole before you leave and go on his way ... perhaps recording your licence plate in case you don't clean up after yourself when he checks back later.

Interested in the verdict of a petrol powered water pump into a high banker , I'm only new to this so have no idea , a guy told me it was illegal at GG the other day , I couldn't debate it as I could not interpret the laws , and am looking to buy a set up now

Interested in the verdict of a petrol powered water pump into a high banker , I'm only new to this so have no idea , a guy told me it was illegal at GG the other day , I couldn't debate it as I could not interpret the laws , and am looking to buy a set up now

You really need to make your own decision on it & go with what you feel right doing. There has been many a discussion/heated debate on it.My interpretation, although I am no lawyer & don't suggest you follow what I do/say, is that under various legislation it is ok. Pushing Government Departments on a decision may end up with something handed down that we aren't going to like. Best left alone I reckon & when in Rome do what the Romans do.

Any person lawfully engaged in prospecting or fossicking for minerals or petroleum under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 -in relation to:

(a) the taking of water required for such prospecting or fossicking pursuant to a lease, licence, mineral claim or environmental assessment permit under the Mining Act 1992 or a petroleum title under the Petroleum (Onshore) Act 1991 (an "authority" ), up to a maximum of 3 megalitres for all such prospecting or fossicking pursuant to each such authority in any water year, and

(b) the taking of up to 3 megalitres of water required for all other such prospecting or fossicking in any water year.

Also:

www.legislation.nsw.gov.au wrote:

Mining Act 1992 No 29Current version for 11 January 2013 to date (accessed 8 September 2013 at 15:06)

Part 2 Division 1 Section 12

12 Fossicking

(1) For the purposes of this or any other Act or law, it is declared that fossicking is a lawful activity.

www.legislation.nsw.gov.au wrote:

Mining Regulation 2010

Part 2 Prospecting and mining generally

12 Fossicking

(2) A person must not carry out work that includes any of the following activities for the purpose of fossicking:(c) the use of power-operated equipment for the purpose of surface disturbance, excavation or processing on any land,

(3) In this clause:power-operated equipment means any equipment powered by mechanical or electrical means.

Basically you can take/use water up to 3meg for fossicking/prospecting. The pump delivers water to the highbanker - nothing else. It doesn't power the highbanker in any way. A bucket will do the same thing - deliver water.The pump isn't used for surface disturbance, excavation & it doesn’t process anything. It plain & simple delivers water to your static non-powered sluice/highbanker.As I said above - each individual just needs to make a decision on what they are comfortable doing & prepared to justify is ok if approached by a ranger etc.

Marked the answer is pretty good , just wondering if there's any difference between privately owned land and public prospecting areas

None - the legislation states "on any land". Doesn't even matter if you own the land yourself.Public prospecting areas may also have further restrictions in place though as could private land if gaining access permission - the owner may not want you pumping in his creek either. The managers of the public land; who could be Local Land Services, Councils, Commons Trusts, Leaseholders etc.; can put in other rules such as no pumps etc.Like I said above when in Rome do what the Romans do I.e. if you see people highbanking somewhere then it is probably ok. If you go to a public area & nobody is using a highbanker & people are using it for other recreational activities I wouldn't start setting my noisy pump up there & disturbing their leisure activities. Tact is key in my opinion & if your seen to be trying to do things right you usually get left alone.

Whilst being new to this site and forum, I have been fossicking since I was a lad at school and have been interpreting and applying statute, common law and precedent legislation in Australian, Asian & Pacific jurisdictions for the past 20 years.

I have perused the discussions and felt the frustrations and, observed much wailing and gnashing of teeth in relation to interpretations of and, what in practical terms equates to 'powered-operated' equipment or 'equipment powered by mechanical or electrical means' within the meaning of the Mining Reg's 2010 (NSW).

Mbasko (2015) & Marked (2015) et al, offer pretty good guidance regarding the use of petrol and/or electrical pumps to deliver water to a sluice, highbanker or other gold saving devices that then rely upon gravity and/or hand operated agitation that allows the water to wash and separate materials from gold within your chosen device.

In short, using a petrol, diesel, steam etc...or electrically powered/driven water pump to deliver water alone to your device, does not contravene either the Mining Act 1992 (NSW) No 29, Part 2, Division 1, Section 12 or, the Mining Regulation 2010 (NSW), Part 2, Prospecting and Mining Generally, 12.

When interpreting legislation, what is paramount and must always be born in mind is what is known as the 'spirit of the law' or 'spirit of the legislation'. Any literal interpretation of each word of the law without due consideration of the 'spirit of the law' will generally lead to misunderstanding or misinterpretation or, misuse/abuse of the legislation as per Dezman's earlier experience as referenced in this forum thread (7 Sept 2013).

So, back to this 'spirit of the law' as opposed to the erroneous literal interpretation of just the words of the law. Essentially, this idiomatic antithesis means that if you obey the 'letter of the law', but not the 'spirit of the law', you are not obeying the intent of the legislators, those people the electorate empower to write and enact laws for the greater good and protection of the community. And, this does not include stopping people from pursing legitimate hobbies and pass times that have minimal or managed impact on our environment. It is acknowledged (Hill End is a prime example) that fossicking and associated tourism are important contributors to local economies and employment opportunities in historic towns and culturally significant areas.

When we look at what the intention of the legislators was when enacting the Mining Act and Reg's (NSW) and, make reference to water management and other enabling Reg's and legislation, it is seen that the intention was to stop the inland rivers, waterways and general environment and natural habitats being indiscriminately torn to pieces by people with dredge pumps and other powered apparatus. Anyone, if you are really so compelled, may read the Hansard of State Parliament (NSW) and high level ecological research 'white papers' that helped informed the legislature of the need for environmental conservation including the better management and regulation of the use of powered dredges in waterways & wetlands in this state.

I will use my small 4-stroke water pump to feed water to my sluice when there is inadequate water flow or volume in a creek or river. And, I will take care to minimise the impact of noise, tailings and run-off where I'm using it. In the very unlikely event that an official tells me otherwise, I will ask for an explanation and discuss it. Remember, if diplomacy fails (again very unlikely), any official who writes an Infringement Notice effectively commences a prosecution where they have to prove all elements of the alleged offence. But lets be sensible here, if you are polite and decent and respectful, you will enjoy the support and good grace of rangers and others when in the field.

And, general advice on offer here from other contributors regarding etiquette and communication with public officials such as rangers or police officers is sage advice. If you genuinely believe that an official is wrong discuss it with him/her and talk about it with them, ask them to explain it to you. A big part of a rangers role is educating the public on rules and reg's so as to protect the environment etc. And, just because you are spoken to, there is no call for putting a face on and becoming abusive, these folks generally are friendly and helpful and like outdoors stuff too. You wont help yourself if you fail 'the attitude test' but, if you have a genuine complaint that you cant resolve at the time, take it up with National Parks/the relevant Council/Police/or appropriate authority. They all have systems to address legitimate complaints and discussions and feedback from the community.

Hopefully my discussion will provide a better understanding and a disambiguation of how the Reg's read to the average punter and have you better placed and informed when talking with self appointed protectors of the environment or bar-room lawyers.

I read what you've written and whole heartedly believe this could be applied to exempt streams and rivers in victoria. The spirit of the intended gazette was to disallow "occupation" (setting up a physical and long standing occupation) upon the waterways, not kick the tiny prospector out, in 2015 it bears little resemblance of its intent at inception.

We must however not forget that until these rules regulations and legislation is successfully challenged we may find ourselves inadvertently on the wrong side of the interpretation and penalized regardless.